import Card from "@site/src/components/card";

# Terms of Service

<Card
  label="terms.pdf"
  href="https://touca.io/docs/external/assets/touca-doc-terms.pdf"
>
  PDF
</Card>

This agreement constitutes a binding legal contract between Touca, Inc.
(**“Touca”**) (sometimes referred to as “we”, “us” or “our”) and you, with
respect to your use of **https://touca.io** and all websites, applications and
communications that post a link to this agreement (collectively, the
**“Site”**)(**“Terms and Conditions”**).

We reserve our right to change these Terms and Conditions in the future. Except
as explicitly stated otherwise, your continued use of the Site will constitute
deemed acceptance of our updated Terms and Conditions.

1.  **Site**

    - We may from time to time, at our sole and absolute discretion and without
      notice to you, update the Site (or any part of it). We will not be liable
      to you or any third party for any modification, variation, interruption,
      suspension or discontinuation of the Site.

    - The Site may provide links to third party websites that are not owned,
      managed or controlled by us. You expressly acknowledge and agree that we
      are not responsible for the content of those third party websites. You are
      encouraged to read that third party’s terms and conditions, privacy policy
      and any other document that governs your relationship with that third
      party.

    - The Site uses cookies in accordance with our Cookies Policy, which can be
      found here: https://touca.io/docs/legal/privacy.

2.  **Account**

    - To access certain features on the Site, you may be required to create an
      account with us in the form provided by us.

    - You agree that by registering an account with us that: all information you
      provide to us during the registration process is true and accurate to the
      best of your belief; you are at least 18 years of age; and you have
      capacity to enter into contractual arrangements.

    - You agree that you are solely responsible for your account and all
      activities conducted on your account. You must keep your password and any
      other login information private and secure. Your account is registered to
      you, and you may not assign, transfer or otherwise dispose of your
      interest in your account without our express written permission.

    - We may, from time to time, provide rules that govern your activities
      whilst using your account (**“Account Rules”**). You expressly acknowledge
      and agree that you will abide by these Rules. Should you be in breach of
      the Account Rules, we may (at our absolute and sole discretion) restrict,
      prohibit, suspend or terminate your account. Should your account be
      terminated in accordance with this clause, we are not liable to you, or
      any third party, for any loss or damage suffered.

    - You may terminate your account, for any reason, by notifying us. You
      agree, however, that by terminating your account, your experience on the
      Site may be limited. We are not liable to you, or any third party, for any
      loss or damage suffered because of this.

3.  **Communications**

    - By using the Site and providing your e-mail address, you agree to
      subscribe to newsletters, marketing or promotional materials and other
      information we may send. You may unsubscribe from these emails at any
      time.

4.  **User Submitted Content**

    - The Site may allow you to publish, share, store and otherwise make
      available certain information, text, graphics, videos, or other content
      (**“Content”**).

    - We cannot guarantee the accuracy, integrity or quality of Content posted
      by users of the Site.
    - We are not liable for any statements, representations, or Content provided
      by Site users. Any opinions, advice or recommendations expressed therein
      are those of the users providing such Content and not those of Touca.
    - You represent and warrant that you own or otherwise control the Content
      you post on the Site, and that the sharing of your Content on or through
      the Site does not violate the privacy rights, publicity rights,
      copyrights, contract rights or any other rights of any person or entity.
    - We take no responsibility and assume no liability for Content you or any
      third party posts on or through the Site. However, by posting Content you
      grant us a perpetual, worldwide, irrevocable, un-restrictive,
      non-exclusive royalty-free license to use any Content in any manner
      whatsoever without compensation or attribution to you.

5.  **Prohibited Uses**

    Unless explicitly agreed by us, you acknowledge and agree that you may not
    use our Site for the following purposes:

    - use the Site in any way that violates any applicable local, national or
      international law or regulation
    - impersonate or attempt to impersonate any person or entity
    - engage in any conduct that restricts or inhibits anyone’s use or enjoyment
      of the Site
    - monitor or copy any of the material on the Site for any unauthorized
      purpose without our prior written consent
    - attempt to gain unauthorized access to, interfere with, damage or disrupt
      any parts of the Site
    - use the Site in any manner that could disable, overburden, damage, or
      impair the Site
    - attempt to interfere with the proper working of the Site in any way
      whatsoever

6.  **Fees and Payment**

    - You may be required to purchase or pay a fee to access some features of
      the Site. You agree to pay all fees due and payable to us (including all
      applicable taxes) at the prices then in effect for your purchases.
    - You represent and warrant that the information you provide to us is true,
      correct and complete.
    - Where payments are processed through our Site using third party payment
      processors, you also agree to any terms and conditions set by those
      payment processors.

7.  **Free Trial**

    Where we provide you with a free trial to use the Site, for the duration of
    the free trial period, we may at our sole discretion: (i) limit your ability
    to access certain features; (ii) limit any technical support to you that may
    usually be available to paying users; (iii) without notice to you, stop your
    free trial.

8.  **Specifications**

    - We may, from time to time, set certain minimum specifications required to
      access our Site to ensure all users have the best possible experience. You
      are solely responsible to obtain, keep and maintain all equipment and
      other software that meets our minimum specifications to enable you to have
      the best possible experience of our Site.

    - We may from time to time, at our sole discretion and without notice to
      you, make variations, modifications, alterations or updates to our Site
      (**“Enhancements”**). These Enhancements may be made to improve our Site
      to you or to comply with relevant legal requirements.

    - We will use reasonable endeavors to notify you of any scheduled
      disruptions to our Site, including those due to any Enhancements. However,
      regardless of whether a disruption is scheduled or not, we are not liable
      to you or any third party for any loss or damage caused by any disruption
      to our Site.

9.  **Copyrights and Trademarks**

    - Except as expressly stated otherwise, you acknowledge and agree that the
      original content on the Site, and the software, features and functionality
      comprising the Site are the exclusive property of Touca (the
      **“Materials”**) and its licensors.
    - You agree you will not copy, reproduce, create derivative works from,
      transmit or distribute the Materials in any way without our prior written
      consent.

10. **Limitation of Liability, Indemnities and Warranties**

    - Except as expressly provided by law, we shall not be liable to you or any
      third parties for any loss, damage, expenses or any other liability
      arising directly or indirectly from the performance of our services to
      you. To the fullest extent permitted by law, all warranties or conditions
      implied by statute, at law, by trade, custom or otherwise are excluded.
    - You acknowledge and agree that you assume sole and entire responsibility
      for, and indemnify and hold us harmless from, any and all claims,
      liabilities, losses, expenses, responsibilities and damages by reason of
      any claim, proceedings, action, liability or injury arising out of or as a
      result of (i) your conduct in relation to these Terms and Conditions; (ii)
      your use of any material, advice or other results of the services provided
      to you; (iii) your relations with your clients and/or other third parties;
      or (iv) any breach of these Terms and Conditions by you.

11. **Term and Termination**

    - These Terms and Conditions will remain in full force and effect while you
      use the Site.
    - We may, without notice to you, immediately stop providing any services to
      you at our sole discretion for any reason whatsoever.
    - Where these Terms and Conditions are terminated in accordance with these
      Terms and Conditions, they will terminate without prejudice to any rights
      either party may have had against the other prior to termination. Further,
      all provisions of which by their nature should survive termination shall
      survive termination, including, without limitation: (i) all intellectual
      property you have granted us under these Terms and Conditions; and (ii)
      your obligation to pay any fees due to us at the time of termination; and
      (iii) warranty disclaimers, indemnity and limitations of liability.

12. **Assignment**

    - These Terms and Conditions will bind and inure for the benefit of the
      parties, including their respective successors, permitted assigns and
      legal representatives. We may, without notice to you, immediately stop
      providing any services to you at our sole discretion for any reason
      whatsoever. Provided your rights are not affected under these Terms and
      Conditions, we will be permitted to assign our interest in these Terms and
      Conditions without prior notice to you. However, you may not assign,
      transfer, novate or other dispose of your rights and obligations under
      these Terms and Conditions without our express written approval (which we
      may withhold in our sole discretion).

13. **Privacy**

    You acknowledge that you have read and understood the terms of Touca’s
    Privacy Policy, which can be found here:
    https://touca.io/docs/legal/privacy. You agree that we may use your
    information (including disclosure to third parties) in accordance with the
    terms of our Privacy Policy.

14. **Non-Waiver**

    Our failure to exercise, or delay in exercising, our rights under these
    Terms and Conditions does not operate as a waiver of that right.

15. **Exclusion of Implied Relationships**

    Nothing in these Terms and Conditions shall be deemed or construed to
    constitute any party a partner, agent, representative, employer or employee
    of another party or to create any trust or commercial partnership unless
    specifically otherwise provided. We do not owe you any duty of good faith
    under these Terms and Conditions.

16. **Severability**

    If any part of these Terms and Conditions are held to be illegal, invalid,
    or unenforceable, then that part shall be deemed deleted and shall not
    affect the validity and enforceability of the remaining provisions of these
    Terms and Conditions.

17. **Entire Agreement**

    These Terms and Conditions constitute the entire agreement between the
    parties with respect to the Company’s services and supersede all previous
    versions of the Terms and Conditions, understandings, arrangements,
    agreements, and communications, whether verbal or written, between the
    parties.

18. **Applicable Law and Jurisdiction**

    These Terms and Conditions shall be governed by and construed in accordance
    with Minnesota law. Both parties agree to submit to the jurisdiction of the
    courts of Minnesota with respect to any claim or dispute arising out of
    these Terms and Conditions.
